La custodia de las mascotasnuevo escenario en la mediación familiar

Abstract

The present work aims to offer a theoretical reflection on a new application scenario of family mediation in cases of separation or divorce: the importance of considering the well-being of the pet / s. There are more and more pets in Spanish homes and, in addition, there are experiences on the issue of custody of domestic animals, in cases of separation or breakdown of personal relationships between their custodians or caregivers, which have ended in the courts. For this reason, the legislative advances on this matter are compiled from the draft Law on Protection and Rights of Animals and the characteristics of family mediation as an appropriate system to resolve conflicts in matters of custody and care of pets are analyzed. in situations of family dissolution. It also incorporates suggestions and guidelines to consider in the mediating agenda on some important points to deal with related to the pet (s), prior to the completion of the process and that can help to comply with the agreements and guarantee animal welfare.